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O'CONNOR v. CITY OF ROCKFORD

Nos. 71-124, 71-78 cons..

3 Ill. App.3d 548 (1972)

279 N.E.2d 356

KATHRYN O'CONNOR et al., Plaintiffs-Appellants (THE COUNTY OF WINNEBAGO, Intervening Plaintiff-Appellant) v. THE CITY OF ROCKFORD et al., Defendants-Appellees — (THE CITY OF ROCKFORD et al., Plaintiff-Appellants, v. THE COUNTY OF WINNEBAGO, Defendant-Appellee (KATHRYN O'CONNOR et al., Intervening Petitioners-Appellees.)

Appellate Court of Illinois — Second District.

Rehearing denied February 23, 1972.

Attorney(s) appearing for the Case

Maynard & Brassfield, of Rockford, for O'Connor.

Philip G. Reinhard, State's Attorney, of Rockford, (Alfred W. Cowan, Special Assistant State's Attorney, of counsel,) for County of Winnebago.

William E. Collins, Legal Director, A. Curtis Washburn, Assistant City Attorney and John W. Nielson, all of Rockford, for City of Rockford.

Nos. 71-124, 71-78 cons. Affirmed in 71-124, dismissed in 71-78.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

We are to determine whether the City of Rockford is subject to the provisions of the Winnebago County Zoning Ordinance when locating a sanitary land fill in the unincorporated area of Winnebago County, pursuant to statutory authority.

Ill. Rev. Stat. 1969, ch. 24, par. 11-19-10, provides that "Every city, village, and incorporated...

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